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2010 (7) TMI 205 - HC - Income TaxSearch and seizure - Search and seizure operation were carried out at the premises of the assessee. Notice dated August 21, 1997 under section 158BC of Act wasserved upon the assessee on Aug. 22, 1997 calling for a return for the block period. Before the expiry of the 45 days period for filing of return, the assessee requested the department to supply certain document seized by the department during the search as it was not possible for the assessee to file the return in the absence of these documents. The department supplied these documents on November 20, 1998 and the return was filed on 1st January. The Assessing Officer charged interest u/s 158BFA of the Act. Commissioner (Appeals) dismissed the appeal. Tribunal deletes the interest. Held that - the Tribunal was wrong in counting he period of 45 days, as required under the law for filing the return, only from November 20, 1998 and absolving the assessee from liability to pay any interest. From the total time taken by the assessee from the date of service of notice under section 158BC of the Act till the filing of the return, the time taken by Department to supply the documents had to be excluded. If the period exceeded 45 days, the assessee would be liable to pay the interest for the period beyond 45 days.
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